Fort Smith Board vote delays business expansion plan

A Tuesday (Aug. 5) vote by the Fort Smith Board of Directors has put a temporary halt on a business expansion that could create up to seven jobs, according to business owner Josh Niles.

Niles, owner of Absolute Towing and Recovery, sought to expand his business operation by adding a vehicle holding yard on vacant property at 1302 S. Zero St.

To do that, Niles applied to the Fort Smith Planning Commission for a conditional use request. According to a memo from the city's planning department, the land is zoned as "commercial heavy (C-5)," which can consist of the following uses – general commercial, office, research and light industrial, mixed use residential and mixed use employment. The planning commission had a tie vote of 4-4 on the request at its June 17 meeting.

A letter from the planning commission following the vote had said Niles would likely have been able to move his company from its location on Jenny Lind to the new location on Zero Street had he met the following conditions:
• All construction must be built in accordance with the submitted development plan and with any Planning Commission amendments;
• The proposed fence gate at the driveway entrance shall be offset from the street to avoid vehicles stopping/standing within the street right-of-way;
• Fences placed at or in proximity to the right-of-way line must not create a sight obstruction for vehicles exiting the site;
• The proposed fence shall be a six (6) foot privacy fence constructed out of cedar and maintained;
• All site lighting shall comply with the lighting requirements of the UDO (Unified Development Ordinance) – Section 27-602-5;
• All signage shall comply with the UDO General Sign Regulations and Permitted signs in open, commercial and industrial zones – Section 27-704-5 and Section 27-704-3;
• Landscaping shall be required and maintained in accordance with the UDO along the Zero Street frontage; and
• Removal of all broken plastic sign pieces.

Niles appealed the planning commission decision to the Fort Smith Board. In making his case during the Board’s regular meeting on Tuesday, Niles pointed out “similar” developments that were not required to install landscaping and other items the commission asked of him.

“To me, it seems like a double standard. … One man is approved, one man is denied,” Niles told the board.

Niles said he is not asking the Board to bend the rules, but is just asking for the rules to be applied the same. Niles also became emotional during his appeal, saying he was “the American dream,” a poor kid who worked long hours and seven days a week to build a business that now employs 17 people and provides a legitimate service to banks like Arvest, Chase and Wells Fargo.

Property owner Charles Farnam said he has owned the land for 10 years, and for six years has been unable to rent it. He questioned the city’s claim that Niles’ business was an inappropriate “use” for the zoning.

“I would say any use is better than an empty lot,” Farnam said.

DeWayne Hicks, pastor of the Courage to Change church near property now used by Niles, said Niles “is a very good neighbor.” Hicks said it would be a “shame” to not allow Niles to use the property “where he could put more people to work.”

However, City Director Kevin Settle rejected Niles claims that other similar developments had received different treatment. Settle said they aren’t “apples to apples” comparisons. Settle also suggested there is better use for the property than “for a salvage yard.”

To that, Niles quickly bristled.

“I’m not a salvage yard. … I’m an established business,” Niles said.

City Director Keith Lau, once a member of the planning commission, said he would respect the commission decision and vote against Niles’ appeal. City Director Philip Merry Jr., reminded the Board that the planning commission vote was a 4-4 tie, and while technically a rejection, did not provide clear guidance on the will of the commission.

Merry, as did City Director George Catsavis, encouraged Niles to reapply and attempt to compromise with the commission on some of recommended property improvements.

However, City Director Pam Weber moved that the Board affirm the planning commission vote and not approve Niles’ conditional use request. City Director Andre Good seconded the motion and it was approved 6-1, with Merry voting against it.

Niles said after the vote he was not sure of his next move.

“I’m disappointed in the Board. … They think I’m just some salvage operation, but I’m a professional business. … I pay more than $60,000 a year in insurance and attend multiple conferences to keep all my licenses,” Niles said.

Niles said his expansion plan will add seven jobs. He said the average pay in his company “is about $1,000 a week.”

“That’s seven jobs this town will not have because of this vote,” Hicks said.